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Home My WebLink About01 CC MINUTES 10-01-13Others Present: David E. Kendig, City Attorney PUBLIC INPUT — None REGULAR BUSINESS ITEM 1. INTERVIEW AND APPOINT A MEMBER TO THE AUDIT COMMISSION The City Council will conduct interviews and appoint one (1) member to the Audit Commission. The Audit Commissioner will serve until March 1, 2015 or until a respective successor is appointed and qualified. Councilmember Gomez selected candidates from an envelope to interview in no particular order. Council interviewed the following candidates: 1. Prell, Jordan 2. Erickson, Dan City Council October 1, 2013 Special Meeting Minutes Page 1 of 2 Agenda Item 1 Reviewed: City Manager Finance Director NIA MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY TUSTIN, CA October 1, 2013 4:30 P.M. CALL TO ORDER — Meeting #2329 at 4:40 p.m. ROLL CALL — City Clerk Present: Mayor AI Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney PUBLIC INPUT — None REGULAR BUSINESS ITEM 1. INTERVIEW AND APPOINT A MEMBER TO THE AUDIT COMMISSION The City Council will conduct interviews and appoint one (1) member to the Audit Commission. The Audit Commissioner will serve until March 1, 2015 or until a respective successor is appointed and qualified. Councilmember Gomez selected candidates from an envelope to interview in no particular order. Council interviewed the following candidates: 1. Prell, Jordan 2. Erickson, Dan City Council October 1, 2013 Special Meeting Minutes Page 1 of 2 4. Daurio, Jon 5. Deen, Richard 6. Berkheimer, Donald G. 7. Swift, Kenneth 8. Morton, Adrian D. RECESSED at 5:18 p.m. RECONVENED at 5:23 p.m. It was moved by Councilmember Nielsen and seconded by Mayor Pro Tern Puckett to nominate Daniel Erickson to be appointed to the Audit Commission. Motion carved: 4 -1 (Councilmember Gomez dissenting) ADJOURNED at 5:25 p.m. City Cound October 1, 2013 Special Meeting Minutes Page 2 of 2 Agenda Item 1 Reviewed: City Manager Finance Director NIA MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, FINANCING AUTHORITY AND HOUSING AUTHORITY OCTOBER 1, 2013 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2328 at 5:32 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck "' Puckett and Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney PUBLIC INPUT — None CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in exiisting and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION [Government Code § 54956.9(d2)] — Department of Finance and One Case 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Two Cases City Councfl /Successor Agency /Housing Authority / financing Authority October 1, 2013 Minutes Page 1 of 11 1. Property Lots 1,2,3,4,5 „6,7,8,9, 10,11, II, D, Final Map 17144; AddresslDescription Lots 32, 34, Tentative Tract Map 17404; a portion APN's 430 -27 -31 and 33 and a portion of APN 430- 37 -10 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, Elizabeth Binsack, Community Development Director, and John Buchanan, Deputy Director of Economic Development Negotiating Parties O.C. Property Company, LLC, represented by Rick Kaplan, Mark Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. Under Negotiation Price and terms of payment 2. Property APN: 430-391-12,430-391-09, and 430- 391-03 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Gregory Franklin, Superintendent Under Negotiation Price and Terms of Payment RECESSED at 5:33 p.m. RECONVENED at 7:06 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, TUSTIN PUBLIC FINANCING AUTHORITY AND HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2328 COLOR PRESENTATION, INVOCATION & PLEDGE:: American Legion ROLL CALL — City Clerk Present: Mayor A[ Murray, Mayor Pro Tern Charles E. "Chuck” Puckett and City Council /Succes.sorAgency /Housiing Authority /Financing Authority October 1-2013 Minutes Page 2 of 11 Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig — No reportable action PRESENTATIONS o The American Legion Boys State Program — Mayor Murray presented a Certificate of Recognition to: • Christian Chung, Beckman High School • Robert Nelsen, Tustin High School • Hayden Hall, Foothill High School o Orange County Transportation Authority, Rideshare Program October 7-11 - PowerPoint presentation by Judy Leon o Orange County Fire Authority, Fire Prevention Week October 6 -12 — Mayor Murray presented a proclamation o Orange County Rescue Mission - Jim Palmer, President (rescheduled to October 15, 2013) ORAL COMMUNICATION/PUBLIC INPUT • Judy Barr • Elaine Borza o Abid Hussain PUBLIC HEARING ITEMS 1 -2 1. ISSUANCE OF WATER REVENUE BONDS BY THE TUSTIN PUBLIC FINANCING AUTHORITY PowerPoint presentation by Pam Arends -King Approval by the Tustin Public Financing Authority ( "TPFA ") and the City of Tustin ( "City ") is requested to authorize the issuance and sale of 2013 Water Revenue Bonds, (Bonds) in an aggregate principal amount not to exceed $15 million to finance water system improvements, primarily the replacement of the Simon Ranch Reservoir, Booster Pump Station and Pipeline Replacement City oundl /Successor Agency /Housing Authority/Financing Authority October 1, 2013 Minutes Page 3 of 11 Project and the Tustin Avenue Well Replacement Project. Public hearing opened at 7:48 p.m. Public Input: Tina Blenz Public hearing closed at 7:50 p.m. It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Bernstein to: 1. The TPFA adopt TPFA Resolution 13 -02 Authorizing the issuance and sale of water revenue bonds to finance improvements to the City of Tustin's municipal water enterprise and approving related documents and official actions a. Indenture of Trust; b. Installment Sale Agreement; c. Bond Purchase Agreement; and d. Preliminary Official Statement. 2. The City Council adopt City Council Resolution 13 -87 approving the proceedings to finance the improvement to the City's municipal water system, approving the issuance of water revenue bonds by the Tustin Public Financing Authority for such purposes and approving the related documents and official actions a. Installment Sale Agreement; b. Bond Purchase Agreement; and c. Preliminary Official Statement. Motion carried: 5 -0 TPFA RESOLUTION NO. 13 -02 A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF WATER REVENUE BONDS TO FINANCE IMPROVEMENTS TO THE CITY OF TUSTIN'S MUNICIPAL WATER ENTERPRISE AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS RESOLUTION NO. 13 -87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PROCEEDINGS TO FINANCE IMPROVEMENTS TO THE CITY'S MUNICIPAL WATER SYSTEM, APPROVING THE ISSUANCE OF WATER REVENUE City Council/ uccessor Agency /Housing Authorityffinancing Authority October 1, 2,013 Munutes, Page 4 of 11 91 BONDS BY THE TUSTIN PUBLIC FINANCING AUTHORITY FOR SUCH PURPOSES AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS GENERAL PLAN AMENDMENT (GPA) 2013 -002, HOUSING ELEMENT UPDATE PowerPoint presentation by Scott Reekstin The Housing Element of the Tustin General Plan sets forth the City's strategy to preserve and enhance the community's character, expand housing opportunities for the City's various economic segments, and provide policy guidance for local decision making related to housing. The City is mandated by the State to update its Housing Element to include recent available data and to submit the document to the State Department of Housing and Community Development (HCD). On June 21, 2013, copies of the draft Housing Element and Technical Memorandum were submitted to HCD for a sixty (60) -day review period. Preliminary verbal comments from HCD were provided to City staff on August 7, 2013. On August 13, 2013„ the Planning Commission adopted Resolution No. 4227, recommending that the City Council adopt a Negative Declaration for the Housing Element Update (General Plan Amendment 2013 -002), and Resolution No. 4228, recommending that the City Council approve General Plan Amendment 2013 -002, updating the Housing Element. Following the Planning Commission's action, the revised draft Housing Element and Technical Memorandum which incorporated the verbal comments from HCD were transmitted to HCD for review. In a letter dated August 22, 2013, HCD confirmed that the draft Housing Element will comply with State law upon its adoption by the City Council and transmittal to HCD. Public hearing opended at 8;11 p.m. Public Input: Polly Musch Public hearing closed at 8.15 p.m. It was moved by Councilmember Bernstein and seconded by Councilmember Nielsen to: 1. Adopt Resolution No. 13 -85, adopting a Negative Declaration for General Plan Amendment 2013 -002; and, City Council /Successor Agency /Housing Authority riancing Authority October 1, 2013 Minutes Page 5 of 11 2. Adopt Resolution No. 13 -86, approving General Plan Amendment 2013 -002, updating the Housing Element. Motion carried: 5-0 RESOLUTION NO. 13 -85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR GENERAL PLAN AMENDMENT 2013 -002 (HOUSING ELEMENT UPDATE) RESOLUTION NO. 13 -86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (GPA) 2013 -002, UPDATING THE TUSTIN HOUSING ELEMENT PURSUANT TO GOVERNMENT CODE SECTION 65588 CONSENT CALENDAR ITEMS 3 -8 It was moved by Mayor Murray and seconded by Councilmember Bernstein to pull Item 8 and approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried: 5 -0 3. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD SEPTEMBER 17, 2093 Recommendation: That the City Council, Successor Agency and Housing Authority approve the Action Minutes of the Joint Regular Meeting of the City Council, Successor Agency to the Tustin Community Redevelopment Agency and Housing Authority held on September 17, 2013. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin and Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $11,758.79 and City Council /Successor Agency /Housing Authortyl in uncing Authority October 1, 2013 Minutes Page 6 of 11 $597,032.45; and Demands in the amount of $3,942,118.20. 5. ELECTRONIC SCANNING AND STORAGE OF RECORDS FOR THE COMMUNITY DEVELOPMENT DEPARTMENT The Community Development Department has enlisted the services of ECS Imaging, Inc., a professional digital scanning service, to digitally scan planning project files. Staff performed quality control on the scanned files fisted in Exhibit A and stored the files in the City's Laserfiche archive. The Community Development Department requests permission to destroy the paper copies of these files. The Community Development Department also requests permission to destroy the records listed in Exhibit A that are more than two (2) years old. Recommendation: Adopt Resolution No. 13 -81, authorizing the scanning and electronic storage of project planning files and the destruction of paper copies as listed on Exhibit A. RESOLUTION NO. 13 -81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND PAPERS IN THE POSSESSION OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF TUSTIN, PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE 6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS CIP 40079 (PHASE 3) The plans and specifications for the Traffic Signal Battery Backup System (BBS) Installations CIP 40079 (Phase 3) have been prepared and the project is ready to be bid. Recommendation: That the City Council adopt Resolution No. 13 -72 approving the plans and specifications for the Battery Backup System Installations CIP 40079 (Phase 3), and authorize the City Clerk to advertise to receive bids. T. ADOPT RESOLUTION NO. 13 -83 TO ACCEPT IMPROVEMENTS FOR THE RAWLINGS RESERVOIR REPLACEMENT - PHASE II CONSTRUCTION PROJECT CIP 60136 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Rawlings Reservoir Replacement - Phase II Construction CRY Council/Successor Agency /Housing Authority /Financing Author4y October 1,x;013 Minutes Page 7 of 11 Project CIP 60136 has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: That the City Council take the following actions: 1. Adopt Resolution No. 13 -83 accepting the construction of the Rawlings Reservoir Replacement - Phase II Construction Project CIP 60136; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 13 -83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE RAWLINGS RESERVOIR REPLACEMENT - PHASE II CONSTRUCTION PROJECT CIP NO. 60136 8. REJECTION OF BIDS FOR GRAFFITI ABATEMENT City staff is recommending that the City Council reject all bids for the project at this time. The City received four (4) bids for this project. Due to inconsistent information inadvertently provided to respondents, city staff will clarify the requirements and specifications and reissue the Request for Proposals to graffiti removal contractors. It was moved by Councilmember Gomez and seconded by Mayor Pro Tem Puckett to: 1. Reject all bids received on the graffiti abatement services; 2. Authorize staff to re- advertise the Request for Proposal; and 3. Authorize an extension of the existing contract with the City's current contractor at the existing rate on a month -to -month basis. Motion carried: 5 -0 REGULAR BUSINESS ITEM 9 9. RECOMMENDATION OF THE FINANCE DIRECTOR'S APPOINTMENT AS THE CITY TREASURER City Council is asked to consider the recommendation to appoint the Finance City Council /Successor Agency /Housing Authority /Financing Authority October 1, 2013 Minutes Page 8 of 11 Director as the City Treasurer. This item was continued to the November 5, 2013 meeting OTHER BUSINESS /COMMITTEE REPORTS COUNCILMEMBER BERNSTEIN • Attended the Rawlings Reservoir dedication ceremony on September 19 • Shared he was humbled and honored to have his name on the first plaque as a Councilmember, thanked those that supported his candidacy • Toured the central valley with the Municipal Water District on September 20 • Attended the State of the Schools presentation on September 27; congratulated the school board, Superintendent Gregory Franklin and staff • Attended the Orange County Stand Down on September 27 • Announced Tiller Days will be held October 4 -6; thanked staff and is looking forward to seeing everyone in attendance COUNCII_MEMBER GOMEZ • Attended the Senior Advisory Board retreat on September 19 • Attended the Rawlings Reservoir dedication ceremony on September 19; mentioned displaying the time lapse video on the City's website • Attended the 50th anniversary of Saddleback Mortuary • Attended a reception for the Alzheimer's Association in recognition of the money raised for last year's walk • Attended the State of the Schools breakfast for Tustin Unified on September 23; Superintendent Gregory Franklin provided an update on the schools' accomplishment for the last year • Attended the Tustin Meadows annual home owner's meeting on September 24 • Attended the retirement party for Mr. Pete Bums, Director of Maintenance and Operations for Tustin Unified School District, on September 25 • Attended the Senior Advisory Board meeting on September 26; calendar will be on sale soon; Board donated to the holiday basket program; individuals wanting to donate to the basket program may send a check payable to the City of Tustin and included holiday basket program in the memo • Announced the Senior Center will host its Annual Health and Resource Fair from 9:00 a.m. to 12:00 p.m. on October 18 • Announced she is a member of the Senior Center's team 'Remember Tustin' who will be participating in the Walk to End Alzheimer's on October 26; to donate visit Mffik.alz.org, • Announced the bocce ball court is being planned; Senior Citizens Advisory Council discussed the Council on Aging newsletter • Attended the Santa Ana Flood Protection Agency Executive Board meeting on City Council/Successor Agency /Housing Authority /Financing Authority October 1, 2013 Minutes Page 9 of 11 September 26; Orange County Public Works Department provided an update on the Santa Ana River Main Stem and the Westminster Watershed Study; provided an update on the Westminster /Garden Grove Watershed study • Reminded all that October is Breast Cancer Awareness month; encouraged everyone to wear pink and remind loved ones to have mammogram screenings • Looking forward to Tustin Tiller Days Councilmember Nielsen • Looking forward to Tustin Tiller Days • Attended the Rawlings Reservoir dedication ceremony on September 19 • Attended the 501h anniversary of Saddleback Mortuary • Attended the Tustin Unified School District State of the Schools on September 23; congratulated Superintendent Gregory Franklin • Attended the Orange County Sanitation District Steering Committee meeting • Attended the Orange County Sanitation District Board of Directors meeting • Attended the Orange County Council of Governments Board of Directors meeting • Attended the Drug Trends seminar with Mayor Murray; sponsored by Senator Walters and Orange County Sherrill Hutchens • Acknowledged concerns expressed during public input regarding the business license tax; looking forward to discussing the item at an upcoming meeting MAYOR PRO TEM PUCKETT • Warned residents of Tustin Meadows of recent coyote sightings in the area • Attended the 50`h anniversary of Saddleback Mortuary • Attended the Miss Tustin Fashion Show • Attended the Rawlings Reservoir dedication ceremony on September 19 • Attended the Boys and Girls Club Endowment Board meeting • Attended the Tustin Unified School District State of the Schools on September 23 • Attended the Oversight Board meeting on September 24 • Attended the Tustin Community Foundation 'D'Vine Wine Affair' fundraiser event • Spoke at the Tustin Kiwanis Club installation banquet MAYOR MURRAY • Attended the ribbon cutting for the Hawden Group on September 18 • Attended the Orange County Transportation Authority Legislative meeting on September 19 • Attended the Rawlings Reservoir dedication ceremony on September 19 • Attended the 50th anniversary celebration of Saddleback Chapel • Attended the State of the Schools breakfast for Tustin Unified on September 23; congratulated Superintendent Gregory Franklin for receiving a leadership award from University of Southern California • Attended the Orange County Transportation Authority Board of Directors meeting City Council/Successor Agency /Housing Authority/Financing Authori y October 1, 201; Minutes Page 10 of 11 on September 23 • Attended the Orange County Transportation Authority Long Range Transportation workshop held in the Tustin Community Center on September 25; thanked staff • Attended the Emerging Drug Trends workshop with Councilmember Nielsen on September 26; hosted by Senator Mimi Walters, Supervisor Pat Bates and Sherriff Sandra Hutchens; Chief Celano was in attendance • Attended the Orange County Fire Authority Claims meeting, Executive meeting and Board of Directors meeting on September 26 • Attended the Orange County Business Group Advocacy of Government Affairs Committee meeting; keynote speaker was Assemblyman Tom Daly • Attended the Orange County Fire Authority North Tustin Evacuation Drill on September 28; Supervisor Spitzer was in attendance • Attended the Orange County Stand Down for homeless veterans at the Tustin Army Base on September 28 • Attended a meeting with Congressman Rohrabacher's staff and the Japanese Minister of Technology and lnformabon at the Tustin north hangar on September 28 • Recognized Marilyn Buescher for being Instrumental in writing a grant to obtain a vehicle from Orange County Transportation Authority to use for senior services • Announced Tiller Days is October 4 -6 • Thanked Chief Celano and staff • Thanked colleagues ADJOURNED IN MEMORY OF OFFICER JOHN COUTCHIE ADJOURNED at 9:02 p.m. The next meeting is scheduled for Tuesday, October 15, 2013 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/ Successor Agency /Housing Authoriity /Financing Authority October 1, 2013 Minutes Page 11 of 11